Case Detail
CitationPeople v. Alfaro, 688 N.Y.S.2d 567 (N.Y. App. Div. 1999)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1996
BodyAppeals court
OpinionThe Defendant was convicted of second degree robbery, and he appealed. The New York Supreme Court, Appellate Division, held that evidence was insufficient to support his conviction. Additionally, the court lambasted the government for prosecutor misconduct: "We take this opportunity to address the clear impropriety of certain comments in the prosecutor's summation. The prosecutor repeatedly stated that the presumption of innocence was 'gone' or 'vanquished'. The prosecutor further noted that the court would instruct the jury that the defendant had 'a lot of rights', including the presumption of innocence, but the jury should consider the victim's rights. He asked the jury to infer guilt from the fact that the defendant had a lawyer at the time he surrendered to police (see, People v. Perez, 90 A.D.2d 468, 455 N.Y.S.2d 89), denigrated the defense, and implied that the defendant's guilt could be inferred from his mere presence at the scene."
Determination Year1999
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Misstating
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1999755260AD2d495_2338